Hampshire County Council v (1) GC (2) GC (SEND): [2024] UKUT 128 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge West on 24 April 2024.

Read the full decision in .

Judicial Summary

Judicial Summary: Special educational needs 鈥 child with Education, Health and Care Plan (EHCP) 鈥 father in Royal Navy deployed overseas and family accompanying him - effect of naval service overseas on child鈥檚 EHCP 鈥 effect of breach of reg.31 of Special Educational Needs & Disability Regulations 2014 鈥 whether regulation mandatory - whether local authority entitled to cease to maintain child - ss.24 & 45 of the Children & Families Act 2014 鈥 whether local authority still responsible for child 鈥渋n the authority鈥檚 area鈥 鈥 whether test of ordinary residence or some other test based on child鈥檚 presence in the area 鈥 whether EHCP can be 鈥減aused鈥 or 鈥渇rozen鈥 during deployment overseas - appeal dismissed

Updates to this page

Published 28 May 2024